Can the soldier under investigation in an AR 15-6 review the investigation report before any adverse action is taken?
The soldier who is the subject of an AR 15-6 investigation has specific rights under…
Does an AR 15-6 investigation automatically lead to UCMJ charges, or can command close it without further action?
An AR 15-6 investigation is a fact-finding tool, not a sentencing mechanism. The investigating officer…
Can a civilian aviation record or FAA violation be used against a military pilot at a Flight Evaluation Board?
Military pilots who have civilian aviation credentials or who have encountered Federal Aviation Administration enforcement…
What evidence does the government need to convene a Flight Evaluation Board, and can the pilot challenge it before the board sits?
The convening of a Flight Evaluation Board requires that a threshold showing be made to…
Can a pilot lose their wings at a Flight Evaluation Board even if no criminal charges have been filed?
A Flight Evaluation Board is an administrative proceeding that can result in the loss of…
If an officer resigns in lieu of court-martial, what discharge characterization do they typically receive?
Resignation in lieu of court-martial is presented to some officers as a way to avoid…
Does a court-martial conviction automatically terminate an officer’s retirement eligibility regardless of years served?
A court-martial conviction does not automatically strip an officer of retirement eligibility, but the interaction…
What is a Board of Inquiry and how does it differ procedurally from a show cause board?
The Board of Inquiry and the show cause board are both mechanisms by which an…
Can a commissioned officer be reduced in rank below O-1 by a court-martial sentence?
The authority to reduce an officer in rank at court-martial exists, but it is more…
Does a court-martial acquittal automatically restore a security clearance that was suspended during proceedings?
A not guilty verdict at court-martial does not automatically end the security clearance review that…
Can a service member proactively self-report a UCMJ charge to prevent their clearance from being revoked without notice?
The obligation to self-report adverse information to security officials is not optional. Service regulations and…
At what point in a UCMJ investigation does a security clearance typically get suspended, and does the investigation itself affect renewal even if charges are dropped?
Security clearances are not protected by the presumption of innocence that governs criminal proceedings. When…
Can a DD-214 be formally corrected to remove a charge that was dismissed before court-martial?
The DD-214 is the document that defines a veteran's official military service record in the…
Does a General Discharge Under Honorable Conditions affect GI Bill eligibility?
A General Discharge Under Honorable Conditions occupies the middle tier of military discharge characterizations. It…
Can a Dishonorable Discharge be upgraded years later, and if so, do lost benefits get retroactively restored?
Upgrading a Dishonorable Discharge is possible in theory, but the process is demanding and the…
What is the practical difference between a Bad Conduct Discharge and an OTH in terms of VA healthcare and education benefits?
Service members who separate with a Bad Conduct Discharge or an Other Than Honorable discharge…
Can a soldier fight an administrative separation for a pattern of misconduct when each individual incident was minor?
A pattern of misconduct basis for administrative separation does not require that any single incident…
If a separation board recommends retention, can the commanding general override that recommendation?
A separation board that recommends retention delivers a finding in favor of the service member,…
Can a soldier with fewer than six years of service demand a board hearing before being separated?
Service members with fewer than six years of active military service occupy a different procedural…
What is the difference between an administrative separation board and a Board of Inquiry for commissioned officers?
Administrative separation boards and Boards of Inquiry are both mechanisms by which the military can…
Does the military have a plea bargain system, and how does it differ structurally from civilian plea deals?
Pretrial agreements in the military justice system serve a function similar to plea bargains in…
Does refusing NJP reset or extend the time window the command has to bring formal charges?
The UCMJ establishes time limits within which charges must be preferred, and those limits are…
Can a prior NJP record be introduced as evidence in a later court-martial for a completely different offense?
A prior NJP is not a criminal conviction, and the rules governing its use in…
What happens to an NJP record if the soldier successfully appeals to the next superior commander?
The NJP appeal process provides a mechanism for challenging both the findings of an Article…
Can a commander offer NJP for an offense that occurred before the soldier was transferred to that unit?
UCMJ jurisdiction attaches to service members based on their status, not the identity of the…